Benicia to consider temporary ban on hookah lounges

BENICIA -- An inquiry about opening a hookah lounge here has led to a proposed temporary ban on the Middle Eastern-style smoking parlors.

The City Council is set to consider the 45-day moratorium Tuesday. Four council votes are needed to pass the measure. If approved, the ban could be extended for up to two years, City Attorney Heather Mc Laughlin said.

The city has no regulations on hookah lounges, establishments in which patrons smoke flavored tobacco called shisha from water pipes.

City officials are recommending the temporary ban to allow time to decide whether the controversial businesses should be allowed near schools, parks and other public places, and whether employee background checks should be required.

Also, whether hookah bars -- if permitted -- should be allowed to serve food and beverages may emerge as another issue of interest, city officials say.

Though hookah bars are exempt from California's anti-smoking rules, some serve food and alcohol and provide entertainment -- operating more like a bar or restaurant where smoking inside is prohibited under state law. Critics of this practice, including public health officials concerned about the impact of secondhand smoke on employees, have charged hookah lounges are taking advantage of ambiguities in the law to allow indoor smoking while other similar businesses are following the law.

City officials also expect the public discussion to focus on whether hookah lounges contribute to acceptance of smoking. California public health officials have expressed concern about a growing number of hookah bars statewide setting back decades of progress in reducing tobacco-related death and disease.

The issue is not new to Benicia. In 2009, hookah lounges were temporarily banned as part of a two-year moratorium on medical marijuana dispensaries. The prohibition on medical marijuana businesses was made permanent last year, but the ban on hookah bars has lapsed.

There are no known hookah bars in Solano County, but several are scattered in the East Bay including in Concord, Richmond and Hayward. San Francisco also has several.

As for the inquiry on opening a hookah bar in Benicia, Senior Planner Lisa Porras said no formal application had been submitted. Asked for the prospective applicant's name, Porras said she could not provide it because no name was on file.

The council is scheduled to meet at 7 p.m. Tuesday at City Hall, 250 East L St.